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HomeMy WebLinkAboutMinutes P&Z 092397CITY OF PALM BEACH GARDENS PLANNING AND ZONING COMMISSION September 23, 1997 MINUTES The Regular Meeting of the Planning and zoning Commission of the City of Palm Beach Gardens, Florida, was called to order by Chair Diane Carlino at 7:30 P.M. in the Assembly Room at the Municipal Complex, 10500 North Military Trail, Palm Beach Gardens, Florida, and opened with the Pledge of Allegiance to the Flag. ITEKS BY CITY MANAGER City Manager Bobbie Herakovich announced that review of the new City Hall plans would be scheduled on the Planning and Zoning Commission agenda upon receipt of final elevations. The City Manager reported that the landscape plans and traffic concurrency report had not yet been received, and that the Commission would receive periodic updated on progress of those items. City Manager Herakovich announced a workshop meeting to be held November 11, 1997 to meet Roxanne Manning, the new Growth Management Director. • ITEKS BY GROWTH MANAGE 04T DIRECTOR There were no items by the Growth Management Director. There were no items by the City Council Liaison. APPROVAL OF MINUTES Minutes of September 2 - Chair Elect Mignogna made a motion to approve the minutes as submitted. Mr. Ornstein seconded the motion, which carried by 6 -0 vote. Mr. Jones abstained. Minutes of September 9 - Chair Elect Mignogna made a motion to approve the minutes as submitted. Mr. Nedvins seconded the motion, which carried by 6 -0 vote. Mr. Ornstein abstained. Minutes of August 12.1997 - Chair Elect Mignogna made a motion to approve the minutes as submitted. Mr. Paganini seconded the motion, which carried by 4 -0 vote. Mr. Jones, Mr. Channing, and Mr. Ornstein abstained. • • Planning & Zoning Commission Minutes September 23, 1997 SITE PLAN AND APPEARANCE REVIEW COMITTEE The roll was called by Planner Bahareh Keshavarz, Secretary for the meeting. Present Absent Chair Diane Carlino John Glidden Chair Elect William Mignogna Thomas Pastore Chair Pro Tem Jeffrey Ornstein Joel Channing Christopher Jones John Nedvins Thomas Paganini Also present at the meeting were Assistant City Manager Greg Dunham, City Attorney Carole Wallace, City Council Liaison David Clark, Principal Planner Marty Minor, and Planner Bahareh Keshavarz. Variance: Petition VAR -97 -02 Trinity United Methodist Church Zoning Variance: A request by Anthony S. Oliver, agent for Trinity United Methodist Church, for the approval of a variance from Section 118 -473 of the Zoning Code pertaining to the location of parking spaces. This petition is in conjunction with the request for an amendment to the approved site plan for Trinity United Methodist Church located at 9625 X. Military Trail. Principal Planner Marty Minor reviewed the staff report dated September 16, 1997. Mr. Minor stated that this was a request for variance from Section 118- 473(c) rather than 118.473 as stated in the staff report. Ed Oliver, agent for the petitioner, presented the petition for variance. Mr. Oliver explained that parking had been distributed throughout the 19 -acre parcel, and his firm had attempted to relocate parking to logical areas at points of access so that people would not be required to walk great distances. Mr. Oliver pointed out that with land located in Palm Beach County, North Palm Beach, and Palm Beach 0 2 Planning & Zoning Commission Minutes September 23, 1997 Gardens, that there could possibly be a question of whose code should apply; and also commented that there were over 600 cars, which the church felt was a positive factor. Mr. Oliver expressed his opinion that the Board should consider those factors in deciding whether to grant the variance request. Mr. Oliver reviewed the conditions which staff had advised must be met in order to grant approval of this variance: that approval would not be detrimental or injurious to the area involved or to the public welfare; that approval would be in harmony with the general purpose of the code; that the number of parking spaces requested had been reduced making the Ballenlsles easement the minimum required variance; that the City would not be setting a precedent because this is such a specific instance; that if the church did not have these spaces they could still hold church services but a hardship would be created for elderly and children by not being able to park near the proper entrance; that the applicant did not create the conditions; and that several things were unique to this parcel, including the fact that the adjacent property owner had joined with the applicant to request formalizing this parking. Chair Carlino questioned why parallel parking had not been designed, to which Mr. Oliver responded that it was easier to pull into a • parking space than to parallel park. Mr. Channing questioned whether the Board was allowed to find hardship, to which Attorney Wallace responded it was the Board's decision, and commented that there were several contingencies that would have to happen if the Board approved the variance. Mr. Oliver responded to Mr. Jones that the church currently had 191 spaces over code requirement. Mr. Jones questioned the landscaping around the dumpster. Mr. Oliver responded to a question regarding maintenance of the grass parking spaces that this parking had been in use for approximately 20 years and there had been no problems with maintenance during that time. Mr. Minor advised that maintenance should be a condition of the site plan petition. Mr. Jones questioned the lack of a guard rail, to which Mr. Oliver responded that the applicant believed the rail was not necessary and believed that concrete wheel stops used in conjunction with existing landscaping would be sufficient. Mr. Minor spoke in favor of a guard rail. Mr. Jones expressed his opinion that granting of this petition would only enhance the site from both the City's and the applicant's standpoints, recommended a guard rail, and suggested that the applicant not delete 39 parking spaces in some other area. Mr. Oliver agreed that the 39 spaces would not be used to increase development intensity. Chair Elect Mignogna suggested diagonal parking, in response to which Mr. Oliver explained how the traffic flow would be changed. Mr. Ornstein expressed his opinion that there was no 0 3 Planning & Zoning Commission Minutes September 23, 1997 hardship and suggested use of parallel parking with larger spaces to make parking easier. Both Mr. Ornstein and Mr. Paganini agreed with the need for a guard rail. Mr. Ornstein did not agree that the variance was needed. Mr. Oliver responded to the suggestion that a tree be planted in front of each parking space that there was not room. Chair Carlino declared the Public Hearing open. Dave Clark, 134 Satinwood, expressed his opinion that there was no hardship, that this would be a lot of extra work for staff and for the City Council, and that the Board must base their decision on Code requirements. Hearing no further comments from the public, Chair Carlino declared the Public Hearing closed. Mr. Oliver commented that one person's hardship might not be a hardship for another person. Mr. Ornstein made a motion to recommend denial to the City Council of Petition VAR- 97 -02. Mr. Nedvins seconded the motion. Mr. Charming commented that this was a self- imposed hardship, however, no one would be hurt by granting this variance. The motion carried by 4 -3 vote. City Council Liaison David Clark left the meeting at this point. PLANNING AND ZONING COMMISSION The roll was called by Planner Bahareh Keshavarz, Secretary for the meeting. Present Chair Diane Carlino Chair Elect William Mignogna Chair Pro Tem Jeffrey Ornstein Joel Channing Christopher Jones John Nedvins Thomas Paganini Absent John Glidden Thomas Pastore Planning & Zoning Commission Minutes ® September 23, 1997 Public Hearing: Petition PCD-97 -01 Ballenlsles PCV Amendment. A request by Henry Skokowski, agent for Ball enlsl es Development Company, for the approval of an amendment to the Ballenlsles Planned Community District generally located east of Florida Turnpike, south of PGA Boulevard. The petitioner is requesting to modify the perimeter buffer Section A, located north of Parcel 23 and adjacent to th e Trinity United Methodist Church, buffer Section 82,1 oca ted west of Ballenlsles Drive on the north side of Northlake Boulevard, and modify the exotic plant management plan by not requiring the removal of the exotic plants within the southwest corner of the project. (14113-42S- 42R) Principal Planner Marty Minor reviewed the staff report dated September 15, 1997. Mr. Ornstein questioned Waste Management's concern with removal of the exotics, to which Mr. Minor responded that their concern was disturbance of the cap or top of the landfill. Discussion ensued regarding the State and the indemnification issue. Mr. Henry Skokowski, agent for the petitioner, read an excerpt from • a letter written by a representative of the Solid waste Authority which explained why they supported the petitioner and felt that removal of the exotics was a significant concern. Mr. Skokowski explained that the only condition of the conditions of approval recommended by staff was condition number three, which acknowledged an update to the Exotic Plant Management Plan, and that this matter had been addressed to the petitioner's satisfaction. Mr. Skokowski also noted that language had been added regarding Cypress Hollow so that if at a future date the City determined that the Australian Pines in the area previously discussed should be removed, the City would take administrative responsibility and allow internal review so that the modification would not require going back through the whole approval process. Mr. Skokowski verified that the petitioner was required to install landscaping along Northlake Boulevard under the original PCD approval and requested acceptance of a letter written by the petitioner to the City Forester expressing the petitioner's commitment to do so in lieu of making this a condition of approval. Mr. Skokowski discussed maintenance of the Northlake Boulevard landscaping, which the petitioner disagreed should be a condition of approval. In response to a question by Mr. Jones, Mr. Skokowski explained that the letter to the City Forester which the petitioner preferred in lieu of condition number 4 contained the same stipulations but without the 60 -day and one -year time frames in • 5 Planning & Zoning Commission Minutes September 23, 1997 condition 4. Chair Carlino declared the Public Hearing open. Hearing no comments from the public, Chair Carlino declared the Public Hearing closed. Mr. Ornstein made a motion to recommend approval to the City Council of Petition PCD -97 -01 with the following conditions: 1. The September 15, 1997 Exotic Plant Management Plan and accompanying exhibits shall be binding for all portions of the Ballen2sles PCD, and shall supersede the May 3, 1994 Exotic Plant Management Plan and shall supersede the requirement of Condition 6 of Ordinance 15, 1994. 2. The petitioner shall complete landscaping plans for the two medians of Northlake Boulevard adjacent to their project and submit said plans for permit within 90 days of this approval, and said landscaping shall be installed within 60 days of the issuance of a permit from Palm Beach County. 3. The Ballen=sles BOA shall maintain the medians and road shoulders adjacent to its project within Northlake Boulevard in perpetuity. in the event a special district is formed by the City of Palm Beach Gardens, or another entity, pertaining to Northlake Boulevard, for the maintenance of roadway landscaping, the BOA shall automatically become a member of said district. Mr. Charming questioned whether he should abstain from voting on this petition because of being a resident and builder in Ballenisles, to which City Attorney Wallace responded that a member of the Commission should not vote on a petition if they would benefit from it financially. Mr. Chancing called for clarification of the motion. Mr. Ornstein explained that the motion deleted staff's recommended conditions of approval one and two since they no longer applied, but retained the three remaining conditions. Chair Elect Mignogna seconded the motion, which carried by unanimous 7 -0 vote. There was no old business to come before the Commission. 0 6 Planning & Zoning Commission Minutes September 23, 1997 !-ii Mr. Jones commented that the minutes of September 2, 1997 contained an error in that he was shown as being present for the last half of the meeting and seconding the motion to adjourn the meeting, when he in fact had been absent from the whole meeting. Chair Carlino re- opened consideration of approval of the minutes of the September 2, 1997 meeting. Mr. Jones clarified that under the heading Planning and Zoning Commission on page 5 that he should be listed under the Absent column and John Nedvins should be listed under the Present column. Mr. Ornstein made a motion to table approval of the minutes of the September 2, 1997 meeting. Chair Elect Mignogna seconded the motion, which carried by unanimous 7 -0 vote. • • 7 Planning & Zoning Commission Minutes September 23, 1997 � 11 1 There being no further business, upon motion by Mr. Ornstein, seconded by Chair Elect Mignogna, and unanimously carried, the meeting was adjourned at 8:55 P.M. The next meeting will be held October 14, 1997. APPROVED • a, (�-- Diane Carlino, Chair 4 iam Mignogna, Chair Elect (Absent) John Glidden Jeffrey Ornstein (Absent) Thomas Pastore Thomas Paganini Christotoher/ Jones s, Alternate Joel Channing, Alternate Bahareh Kegliavarz, Secretary • 8